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2018 Supreme(Cal) 972

DIPANKAR DATTA, PROTIK PRAKASH BANERJEE
Nusrat Jahan Ruhi – Appellant
Versus
Shyam Steel Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Joydeep Kar, Senior Adv. Mr. Srijib Chakraborty, Mr. Rajdeep Majumder, Ms. Urmila Chakraborty, Mr. Mayukh Mukherjee Mr. Souvik Das, Mr. Pratap Chatterjee, Senior, Advocate, Mr. Mainak Bose, Mr. Paritash Sinha, Mr. Amitava Mitra, Ms. Soni Ojha, Ms. Sweta Gandhi, Mr. Saktinath Mukherjee, Senior Advocate, Mr. Surajit Nath Mitra, Senior Advocate, Mr. Aniruddha Chatterjee, Mr. Suddhasatva Banerjee, Mr. Shounak Mitra, Mr. Rishav Dutt, Mr. Soumabho Ghose, Mr. Zulfiqar Ali Alquaderi, Mr. Aniruddha Chatterjee.

JUDGMENT :

PROTIK PRAKASH BANERJEE, J.

1. A steel manufacturer sued a celebrity, her management agency and a competitor, for specific performance of a contract dated August 7, 2017 and also for permanent and mandatory injunctions, which would, among other things, have the effect of enforcing a negative covenant in the contract. The contract in question, very common in these days, envisaged that for a certain consideration, the celebrity would endorse or promote only the products of the plaintiff/steel manufacturer for the period during which the agreement would subsist and would not endorse or promote the products of any rival/competitor. The plaintiff alleged breach on the part of the celebrity, induced among others, by the rival, who was said to benefit from the breach.

2. The plaintiff sought interlocutory reliefs in its suit and an ex parte ad interim order of injunction was passed on September 15, 2018, by the learned Judge, VIth Bench, City Civil Court at Calcutta in Title Suit No.1215 of 2018 without prior service of any notice or copy of the petition on the defendants. The celebrity and the rival preferred two several appeals against this ex parte ad interim order, which were

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